02-27-2012 AgendaAgenda Item
February 27, 2012
TO: Honorable Mayor and City Council through City Administrator
FROM: Ignacio Palacios, Finance Director
SUBJECT:
Audit Report
RECOMMENDATION:
Accept report
BACKGROUND:
Per state statute annual audits of municipal governments are required. Audited
financial statements provide the City Council and the public assurance that the
City is complying with accounting standards and meeting state and applicable
federal regulations. The attached 2010/11 Financial Statements meet those
requirements and are presented for your review.
DISCUSSION:
The good news is that the City has received a “clean audit” with an unqualified
auditor’s opinion for FY 2010/11 (which is the best opinion we could have hoped
for). Councilors will note that the Independent Auditor’s Report states:
“We conducted our audit in accordance with auditing standards
generally accepted in the United States of America. Those standards
require that we plan and perform the audit to obtain reasonable
assurances about whether the basic financial statements are free of
material misstatements. An audit includes examining, on a test basis,
evidence supporting the amounts and disclosures in the financial
statement … In our opinion the financial statements referred to above
present fairly, in all material respects, the respective financial position of
the government activities, the business-type activities, each major fund,
and the aggregate remaining fund information of the City of Woodburn,
Oregon as of June 30, 2011 and the respective changes in position and
cash flows, where applicable, thereof for the year ended, in conformity
Agenda Item Review: City Administrator ___x___ City Attorney __x____ Finance __x___
Mayor and City Council
February 27, 2012
Page 2
with accounting principles generally accepted in the United States of
America.”
The presentation of the FY 2010/11 audit continues the resolution of several
outstanding challenges overcome by the City including turnover in critical staff,
locating original source documents to reconcile balances, fixed asset
corrections, preparation of audit schedules, etc.
As with the FY 2009/10 audit many hours were expended in ensuring that the
fund balances were reconciled and adjusted to the general ledger. The
Finance department has spent significant time reviewing, improving and
enhancing policies and procedures to ensure that the financial reporting is
reliable and useful to the City’s Departments, Public and City Council. As a
result of this investment in time, future audits will be easier and should allow
completion in a timelier manner.
FINANCIAL IMPACT:
Audit fees were budgeted as part of the adopted budget. The contracted
amount ($37,500) did not exceed amounts budgeted.
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ITY ALL OUNCIL HAMBERS ONTGOMERY TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None
Appointments:
None
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
A.Woodburn DowntownUnidos
B.Woodburn School District
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None
Presentations:
A.2010/2011 Audit
B.Mural Program1
6.COMMUNICATIONS
None.
–
This allows the public to introduce items for
7.BUSINESS FROM THE PUBLIC
Council consideration not already scheduled on the agenda.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
February 27,2012Council Agenda Page i
–Items listed on the consent agenda are considered
8.CONSENT AGENDA
routine and may be adopted by one motion. Any item may be removed
for discussion at the request of a Council member.
A.Woodburn City Council minutes of February 13, 201239
Recommended Action: Approve the minutes.
B.Recreation and Park Board Minutes of February 7, 201241
Recommended Action:Accept the minutes.
C.Crime Statistics through January 201246
Recommended Action:Receive the report.
D.Liquor License Full On-Premises Sales Greater Privilege50
RecommendedAction:The Woodburn City Council
recommends that the OLCC approve a Greater Privilege
application for Woodburn Bowl.
E.LimitedOn-Premises Sales–Change of Ownership –Change of 52
Business Name
Recommended Action: The Woodburn City Council
recommends that the OLCC approve theLimited On-Premises
Sales,Change of Ownership, and Change of Business Name
application for El Agave Grill Restaurant LLC.
F.2012OLCCRenewal54
Recommended Action:The Woodburn City Council
recommend to the OLCC renewal of liquor license for the listed
business for the year 2012.
9.TABLED BUSINESS
None
10.PUBLIC HEARINGS
None
–Members of the public wishing to comment on items of
11.GENERAL BUSINESS
general business must complete and submit a speaker’s card to the City
Recorder prior to commencing this portion of the Council’s agenda.
Comment time may be limited by Mayoral prerogative.
A.Council Bill No. 2886–A Resolution Reducing the 457Deferred56
Compensation Match Amount for Management and Non-Union
February 27, 2012Council Agenda Page ii
Employees
Recommended Action:Adopt the Resolution.
B.Modification of Employment Agreements58
Recommended Action:Authorize the Mayor, on behalf of the
City, to modify the employment agreements of the City
Administrator and City Attorney to reduce their 457 Deferred
Compensation City match amount by three percent (3%).
C.Mill Creek Greenway Culvert Crossing59
Recommendation Action:Direct Staff to construct a culvert
crossing to connect HermansonStreet to the Mill Creek
Greenway Trail.
D.Appointment of Administrator Pro Tem61
Recommended Action:It is recommended the City Council
appoint Christina Shearer as Administrator Pro Tem for the
period of March 5 through March 10, 2012.
–
These
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
are Planning Commission or Administrative Land Use actions that may be
called up by the City Council.
None
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.EXECUTIVE SESSION
To conduct deliberations with persons designated by the governing body
to negotiatereal property transactions pursuant to ORS 192.660(2)(e).
16.ADJOURNMENT
February 27, 2012Council Agenda Page iii
Agenda Item
February 27, 2012
To: Honorable Mayor and City Council
From: Jim Hendryx, Economic and Development Services Director
Subject:
Mural Program
RECOMMENDATION:
Direct staff to return with a resolution initiating a legislative amendment to the
Woodburn Development Ordinance to provide for a limited duration pilot
programto permit murals.
BACKGROUND:
The Woodburn Development Ordinance defines murals as signs and allows them
as such, subject to the size limitations for wall signs, which effectively prohibits
them throughout the City. Several groups from the community
(PCUN, Chemeketa Community College, and various art organizations) have
expressed an interest in creating murals on exterior building walls. Council was
briefed on the subject at its November 14, 2011 meeting, and requested that
the City Attorney provide a legal opinion regarding any legal restrictions on
permitting and displaying murals within the City. That legal opinion is attached.
DISCUSSION
Some jurisdictions, such as Portland, issue permits to private individuals to allow
murals.There are no limitations on the size or content of murals. Murals must
remain in place for at least five yearsand be original hand-painted art;
otherwise it is considered signage. Additionally, theapplicant holds an advisory
public meeting in the neighborhood, with mailed notice to the local
neighborhood association and clearly posted notice on the property.
Other communities, such as Salem, are “patrons of the arts” and haveart
commissions that own public art, including murals. Under this programmurals
constitute “government speech” and while the content of the mural can be
controlled, the government must assume ownership of all murals.
Agenda Item Review: City Administrator ___x___City Attorney _x____Finance _x____
1
Honorable Mayor and City Council
February 27, 2012
Page 2
Option 1 – 60 Day Pilot Mural Program
A 60 day pilot mural programwould allow interested partiesa limited duration of
timeto apply for a mural permit. The mural program would then “sunset” after
this period. This would allow the current interested parties to move forward with
their projects while still providingthe City the opportunity to assess the long-term
impact of the mural program.
The City may issue permits for privately owned murals, but may only regulate the
time, place, and manner of the installation and may not control or restrict
content. If the City Council decides to pursue this course, this would involve:
A resolution initiating a legislative amendmentas required bythe Woodburn
Development Ordinance
An amendment to the Woodburn Development Ordinance
Preparation of Staff ReportandOrdinance
o
Notification of the amendment
o
Planning Commission Hearing
o
City Council Hearing
o
Option 2 – Public Arts Mural Program
The City, (acting as a “patron of the arts”), displays public murals in spaces that
it either already owns or acquires. As owner of the artwork, the City controls the
content of public murals. Passage of an officialPublic Arts Mural Program would
create staffing and funding issues outside current resources thatwould need to
be addressed in the upcoming budget process.If the City Council decides to
pursue this course, this would involve:
Passage of a Public Arts Mural Ordinance
A funding source to establish apublic arts trust fund
Establishment of a process for the acquisition of public murals based upon
predetermined selection criteria
FINANCIAL IMPACTS
Possible fiscal impact, depending on the option selected.
Attachment
Memorandum Opinion No. 2012-01
2
MEMORANDUM OPINION NO. 2012-01
TO:
Honorable Mayor and City Council
Scott C. Derickson, City Administrator
James N.P. Hendryx, Economic and Development Services Director
FROM:
N. Robert Shields, City Attorney
DATE:
January 30, 2012
RE: Permitting and Displaying Murals
Background
During the November 14, 2011 City Council meeting, my office was asked to provide an opinion
regarding the legal restrictions on permitting and displaying murals within the City. The
following opinion was generated in response to this request. It is intended to provide general
legal parameters as the City Council approaches this topic. It is anticipated that additional legal
questions will arise as planning staff and the City Council more specifically consider the
involved policy choices.
Question #1
Can the City regulate or display murals?
Answer #1
Yes, subject to the discussion below.
Question #2
In what manner can the City regulate or display murals and can the City control content?
Answer #2
A.The City (acting as a “regulator”) may issue permits for privately owned murals but may
only regulate the time, place, and manner of installation and may not control or restrict
content.
B.The City (acting as a “patron of the arts”) may display public murals in spaces that it
either already owns or acquires. The City, as owner of the artwork, may control the
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3
content of public murals based upon predetermined selection criteria established by the
City.
Discussion
Preliminarily, it should be stated that it is clear that the City’s ability to regulate murals is subject
to Oregon State Constitutional requirements. Some observers have cited Toppenish, Washington
as a jurisdiction whose approach to murals should be emulated by Woodburn. This is not legally
possible because Toppenish is not subject to the same Oregon constitutional restrictions that
Woodburn must comply with. Toppenish is subject to Washington legal requirements, which are
significantly different in this context than what is required by Oregon law.
A.The City (acting as a “regulator”) may issue permits for privately owned murals but may
only regulate the time, place, and manner of installation and may not control or restrict
content.
Article I, Section 8 of the Oregon Constitution provides broad protection for the free speech
rights of all Oregonians. In Outdoor Media Dimension Inc. v. ODOT, 340 Or 275 (2006), the
Oregon Supreme Court ruled that signs may not be regulated based upon content. Murals are
types of signs.
Specifically, the Woodburn Development Ordinance (“the WDO”) defines “signs” as:
Materials placed or constructed, or light projected, that (1) conveys a message or
image and (2) is used to inform or attract the attention of the public. Some
examples of signs are materials or lights meeting this definition are commonly
murals
referred to as signs, placards, A-frame signs, posters, billboards, ,
diagrams, banners, flags, or projected slides, images or holograms. The scope of
the term “sign” does not depend on the content of the message or image
conveyed. **** (emphasis added) WDO 3.110.04
Legally, the WDO cannot regulate any signs based upon their content. All WDO requirements
address the time, place, and manner of establishing a sign within the City. Generally, these
regulations focus on size, number, and location of signs on a property.
Oregon courts have found reasonable time, place, and manner restrictions on signs to be valid
under the Oregon Constitution. See Clear Channel Outdoor, Inc. v. City of Portland, 243
Or.App. 133, 151–56 (2011). Such restrictions must be “content-neutral”. In other words, the
restrictions must apply regardless of what the sign conveys.
Some examples of likely valid content-neutral restrictions on murals are: limits on size and
location, construction materials, mandatory display time, and public notice requirements. For
instance, the City of Portland (see Attachment 1) has a program where it issues permits for
privately owned “Original Art Murals” that meet certain regulations. These regulations are
content-neutral but limit the size of murals (30 feet in height), how materials are applied (must
be hand-produced), type of materials included (no mechanical or electrical components), and the
2
4
display time (must remain in place for 5 years). Also, a neighborhood meeting is required to
notify nearby property owners. If a property owner meets these requirements, then a mural
permit must be issued.
The Portland program encourages murals containing original art. Under the Oregon
Constitution, however, the City cannot control the content of the mural and there is always a risk
that a mural will contain content (i.e., graphic content or a written message) that would be
objectionable to the surrounding community. Also, since the Oregon Constitution protects
commercial and non-commercial speech equally, there is another risk that a mural will contain
advertising. Even though, in Oregon, these risks are present with any type of sign, murals are
usually larger, more permanent, and more visible than other types of signs.
B.The City (acting as a “patron of the arts”) may display public murals in spaces that it
either already owns or acquires. The City, as owner of the artwork, may control the
content of public murals based upon predetermined selection criteria established by the
City.
Constitutionally, when the City changes its legal role to act as a “patron of the arts” by
displaying publicly owned murals, the City, as the owner of the artwork, can exercise control
over content. Recently, in Pleasant Grove City, Utah v. Summum, 555 U.S. 460 (2009), the
United States Supreme Court held that a municipality could reject a Seven Aphorisms of
Summum public monument and instead display a Ten Commandments public monument in a
public park.
government speech
What must be emphasized is that the Pleasant Grove City case involved and
government regulation (
noti.e., the City deciding what type of publicly owned art to display v.
the City regulating privately owned art).
In regard to publicly owned murals, some Oregon cities have programs for the purchase or
financial support of public art. For instance, the City of Salem (see Attachment 2) has such a
program. In Salem, the City Council dedicated one-half of one percent of the total cost of
improvement projects to fund a Public Art Trust Fund. The Salem Public Art Commission was
then established and given authority to administer this fund. The acquisition of public artwork
(including public murals) is based on predetermined selection criteria established by the City.
However, even in the “government speech” context, the United States Supreme Court has stated
that a government entity can still be sued for “direct viewpoint discrimination” where public
funding is allocated and established general standards are not followed.National Endowment for
the Arts v. Finley, 524 US 569 (1998).
Summary
The City (acting as a “regulator”) may issue permits for privately owned murals but may only
regulate the time, place, and manner of installation and may not control or restrict content. If the
City Council decides to pursue this course, this would involve:
Amendment to the Woodburn Development Ordinance
3
5
Recognition that the City cannot regulate content (i.e., the subject matter or message of
the mural)
The City (acting as a “patron of the arts”) may display public murals in spaces that it either
already owns or acquires. The City, as owner of the artwork, may control the content of public
murals. If the City Council decides to pursue this course, this would involve:
A funding source to establish a trust fund
Establishment of a process for the acquisition of public murals based upon predetermined
selection criteria
Passage of a Public Murals Ordinance
Attachments
1. Portland Original Art Mural Program
2. Salem Public Art Program
4
6
7
A.Information Sheet
8
9
10
B. Code Language
11
12
13
14
15
16
17
18
19
20
C.Administrative Rule
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
COUNCIL MEETING MINUTES
FEBRUARY 13, 2012
DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
0:00
OF MARION, STATE OF OREGON, FEBRUARY 13, 2012.
CONVENED
The meeting convened at 7:00 p.m.with Mayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallumPresent
Councilor MorrisPresent
Councilor PughPresent
Councilor Schmidt Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Police Chief
Russell, Public Works Director Brown, Economic & Community Development Director
Hendryx, Finance Director Palacios, Community Services Director Row, Police Captain
Alexander, Human Resources Director Hereford,Community Relations Officer Stowers,
RecorderShearer.
ANNOUNCEMENTS
0:00
Holiday Closures –
City Hall and the Library will be closed on February 20 for President’sDay. The
Aquatic Center will be open normal hours.
COMMUNITY/GOVERNMENT REPORTS
0:00
A.Chamber of Commerce – Ken Hector provided an update on the status and activities of
the Chamber and Woodburn Area Tourism.
B.Woodburn School District – Superintendent David Bautista provided an update on
School District events and activities.
PRESENTATIONS
0:11
A.Presentation of Woodburn, OR framed print to County Commissioner Patti Milne for
County Courthouse.
B.Chief Russell gave the 2011 Crime Report.
C.Allied Waste – Food Recycling and New Woodburn Routes.
CONSENT AGENDA
1:32
A.Approve Woodburn City Council minutes of January 9, 2011,
B.Accept Recreation and Park Board minutes of January 10, 2011, and
C.Accept the Library Board minutes of January 11, 2011.
McCallum/Pugh
… approve the consent agenda as presented. Motion passed unanimously.
Page 1 - Council Meeting Minutes, February 13, 2012
39
COUNCIL MEETING MINUTES
FEBRUARY 13, 2012
PUBLIC HEARING:2011-12 SUPPLEMENTAL BUDGET
1:33
Mayor Figley declared the hearing open at 8:35 pm for the purpose of hearing public input
on the proposed 2011-2012 Supplemental Budget. Finance Director Palacios provided a
staff report on the proposal. No members of the public wished to speak in either support or
opposition of the proposed 2011-2012 Supplemental Budget. Mayor Figley declared the
hearing closed at 8:40 pm.
COUNCIL BILL NO. 2885 – A RESOLUTION APPROVING TRANSFERS OF FY
1:39
2011-2012 APPROPRIATIONS AND APPROVING A SUPPLEMENTAL BUDGET.
McCallum
introduced Council Bill No 2885. Recorder Shearer read the bill by title only
since there were no objections from the Council. On roll call vote for final passage, the bill
passed unanimously. Mayor Figley declared Council Bill No. 2885 duly passed.
2012 FINE RESOLUTION PROGRAM
1:40
Finance Director Palacios provided a brief overview of the proposed Fine Resolution
Cox/McCallum
program and clarified current procedures for Council. … authorize the City
Administrator to implement the 2012 Fine Resolution Program pursuant to the guidelines in
the staff report. Motion passed 5-1 with Councilor Schmidt voting no.
AWARD OF CONSTRUCTION CONTRACT FOR LEASURE STREET –OR HWY
1:52
214WATERLINE LOOP PROJECT
Cox/Pugh... acting as the Local Contract Review Board, award a construction contract for
the Leasure Street – Hwy 214 Waterline Loop Project to the lowest responsible bidder, HSC
LLC, in the amount of $47,160. Motion passed unanimously.
CITY ADMINISTRATOR’S REPORT
1:53
City Administrator had nothing to report.
MAYOR AND COUNCIL REPORTS
1:53
Councilor Lonergan introduced a new book on Woodburn history available at the
Library.
ADJOURNMENT
1:55
McCallum/Cox_
... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:55 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
ChristinaM.Shearer, Recorder
City of Woodburn, Oregon
Page 2 - Council Meeting Minutes, February 13, 2012
40
CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
February 7, 20126:30p.m.
1.CALL TO ORDER
The meeting and was called to order at 6:30 p.m.
2.ROLL CALL
Position I Brent Glogau, Member (12/13) Present
Position II (Student) Claudia Urias-Guerrero (12/11) Absent
Position III Joseph Nicoletti, Board Secretary (12/13) Present
Position IV Rosetta Wangerin, Board Chair (12/13) Present
Position V Bruce Thomas, Member (12/13) Absent
Position VI Member (12/12) Vacant
Position VII Tony Waite (12/12) Present
3.APPROVAL OF MINUTES
Joseph Nicoletti/Tony Waite -
Motion to accept the December 13, 2011minutes as
writtenand seconded. The motion passed unanimously.
Tony Waite/Brent Glogau -
Motion to accept the amended January 10, 2012
workshop minutes with an additional statement on page 4 under Deferred
Maintenance – Legion Park.
Discussion took place regarding the possibility of completely removing the stadium.
The motion passed unanimously.
4.BUSINESS FROM AUDIENCE
None.
5.OLD BUSINESS
Annual Workshop recap
Jim stated that this was an opportunity for the Board to review some of the items
discussedin the annual workshop. He also suggested thatthis would be a good time
toconsider ranking and prioritizing future projects. Rosetta stated that the workshop
helped refresh the Board on planning future projects but didn’t feel comfortable
ranking them without a list. It was decided that a list of keyprojects would be sent to
members, so they could be prepared to rank projects at the next meeting. Jim
discussed the upcoming cycle for the State’s Local Government Grant Program and
his plan to apply for e playground at Legion Park. Applications are due the first week
in April. The potential cost of the Legion Park project was discussed
.Discussion took
place regarding possibility oftheLegion Park playground becoming the top project priority
and if so, how a formal Board recommendation to adopt the project as a top priority might
help in seeking grant funding.
Page 1of 5
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RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
February 7, 20126:30p.m.
6.NEW BUSINESS
Annual Elections
Nominations were opened by Rosetta Wangerin, Chair.
Joseph Nicoletti nominated Rosetta for continuation asBoard Chair. Rosetta stated
that she would acceptthe nomination if she had the continuing support from the
Board Secretary.
Tony Waite/Joseph Nicoletti
– Motion forRosetta Wangerin to continueher
position as Board Chair for another term. The motion passed unanimously.
Tony Waite nominated Joseph to keep his position as Board Secretary. Joseph
accepted the nomination.
The Board voted unanimouslyforJoseph Nicoletti to continue as Board Secretary for
another term.
Meeting time
Jim shared that this agenda item came as a result of Bruce Thomas’s desire to move
the regular Park Board meeting time up to 5:30pm, beginning March.There was
discussion regarding WCAT’s ability to continue filming at the earlier time.
Tony Waite/Joseph Nicoletti
– Motion to move the Recreation and Park Board
meeting to 5:30pm. The motion passed unanimously.
Aquatic Center Financials
Jimpresented an Aquatic Center financial summary covering the period ofFY 2006-
2007 through FY 2011-2012. The FY 2011-2012 numbers areyear to date through
January 2012. This financial summary came at the request of the Board at the
January workshop. Board members had expressed an interesting in receiving more
detailed information on the sources of Aquatic Center revenues and expenditures.
The summary also highlighted the degree to which expenditures and the resulting
General Find Subsidy had increased over the years. The summary included year to
date financials and a year-end estimate.Kristin reported thatrevenues seemed to be
in the increase, and that January 2012 revenues were up $5,700 from the prior year.
Discussion took place regarding therecent changeback to rolling three month
memberships from the seasonal passes that have been in effect since February 2011.
Jim shared thatchanges resulting from theTurnaround Project have been hard for
some Aquatic Center members, and that we are trying to regain the participation of
the individuals who have left. Rosetta replied that on the flipside, she has heard
nothing but positive feedback regardingthe changes and updates that have been
made.
Discussion then took place regardingthe increased attendance numbersreported for
the current fiscal year. Jim explained that the automated door countersystem was
installedin June 2011, causing more accurate (and increased) attendance figuresto be
recorded.Since this system counts everyone entering the building, whether they are
participating in an aquatic program, registering for programs, performing facility
Page 2of 5
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RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
February 7, 20126:30p.m.
maintenance,etc., the numbers can’t be compared to the old system,in which
cashiers kepta hand written tally. This new methodology provides a better meansof
tracking and nowgives us a consistent baselinefrom which to more accurately track
changes in future usage patterns.
Jim discussed the fact that utilities costsbegan decreasing in 2009-2010 when the
new HVAC system was installed and have continued a steady decline since that time.
The detailed utilitiescost informationconfirms that the installation of the variable
frequency drive on the swimming pool pump and the underwater LEDlights have
attributed to continued decreases inenergycosts. Jim explainedthatthe primary
motivationforreplacing the old HVAC system was the goal of eliminating poor
indoor air quality which was contributing to thedeterioration of thefacility. But, the
efficiency of the system results in decreased energy consumption, as well.
Kristin pointed out that one of the main objectives of the Turnaround project was to
reduce the general fund subsidy. Even though we may not hit our 50%cost recovery
target this year, since both our expenditures and revenues are down,. We will likely
require a smaller subsidy than budgeted.
The Board was provided a July –December 2011 monthly department statistic
spreadsheet comparing two years of expenses, revenue and program attendance. This
spreadsheet will be updated monthly and will be included with the Board agenda
packet.
Legion Park
Following the annual workshopin January,Jim began reviewingthe Legion Park
Master Plan concept plans that were developed, beginning in 2003. All of the plan
variations include a significant playground at the Park. We may not have the ability
to fully develop the playground as envisioned and will likely need to phase it in over
time.The 2009 Parks & RecreationMaster Plan recommends a $500,000 Destination
Playground, in Woodburn, but does not specify the location. Legion Parkmight be a
suitable location for such a structure; however a project of that magnitude is beyond
our capability right now. Jim showed the Board the Wyffels Park playground
concept,and indicated that he thought a similar, archeologically themed structure
would suit Legion Park very well, since it is appearing more and more like the
Wyffels project might not happen.
Jim updated the Board regarding the Settlemier Park boundary issue with the National
Park Service that postponed the playground replacement project at Wyffels Park.
Although he continues to work with them on this issue hoping to resolve it in the
future, he would like to move forward and put a project together for Legion Park. Jim
shared that grant applications score better if your project addresses needs identified in
the Oregon State Comprehensive Outdoor Recreation Plan(SCORP), which places a
strong emphasis on projects that create nature play opportunities. At a March Council
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RecreationandParkBoardMinutes
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February 7, 20126:30p.m.
meeting, Jim will present a resolution authorizing the City to apply for grant funds in
support of the project. The challengeof this project, is trying to predict how Legion
Park willdevelop and expand in the future and making sure currentplans will be
consistent with any future development. He stated that eventually, the locker room
and stadium structures will be torn down, and the pavilion replaced.
It was suggested that we should look into the HGTV show, “Carter Can”, which
recently featureda new series of building playgrounds for achildren.Jim stated that
he is also looking at KaBOOM! programagain,but felt their parameters might be too
restrictive for our particularproject.The Board requestedcopies of the Legion Park
Master concept plans prior to the next meeting.
7.DIVISION REPORTS
Aquatics – Kristin Graybeal
Finances – Kristin discussed the status of the Aquatic Center’s budget, now that we
have reached mid-year.
Training – Kristin is now implementing a group swim instructor training with will
bring all swim instruction on the same consistent level.
Movie Night – On February 24, the Aquatic Center will be showing Finding Nemo
for the Friday night movie.
Healthy Food Options - Kristin is working with Marion Countyto help promote a
Healthy Food Option program which will be taught in English and Spanish.
E&A Instructor training – Kristin and two staff took the course and passed.
Groupon Promotion – Kristin used Groupon to promote aquatic programs in January.
The goal was to get the word out and bring new money to the center. She was happy
to report that 140 memberships and/ or punch cards were sold through the promotion.
Recreation – Stu Spence
Youth Sports – Youth basketball is going well with 258 kids playing this year.
Adult Sports – Men’s basketballhas 18 teams. Stu will be starting anoutdoor league
at Centennial Park this summer.
Daddy Daughter Dinner Dance – Stu reported that 31 couples are currently signed up.
th
This event will be held on February 11at Well Springs and includes photos, dinner
and dancing.
YAB – the youth group helped moved the Chamber ofCommerce to their new
location last weekend.
Active Adult – A trip to Timberline Lodge with lunch on Valentine’s Day currently
has 50 participants registered. A charter bus was needed to accommodate everyone.
Boys & Girls Club – Funding will be decreased to 75% of current levels for the
2012/13 school years, further decreasing to 50% of current levels in 2013/14, and will
sunset in the spring of 2014. At a recent Boys & Girls Club Unit Board meeting, the
creation of an “umbrella organization” was proposed. In other words, several
organizations, including, but not limited to the City, School District, Boys & Girls
Club and YMCA would coordinate efforts to sustain current programs.
Page 4of 5
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CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
February 7, 20126:30p.m.
th
1785 Locomotive Park–The History of the Locomotive presentation on February 4
was well attended.A PowerPoint slideshow and history discussionwas presented by
Frank Scheer, a dedicated volunteer who has worked on the restoration and the engine
for over 35 years.
Collaborative Sponsorship Program –Recreation & Parks along with the Library is
working together on a comprehensive sponsorship program for our summer events.
We hope to increase leverage and sponsorship benefits by offering summer long
program sponsorships that would include Music in thePark, Movies in the Park, the
th
Tuesday Downtown Market, and the 4 of July Celebration.
Parks and Facilities – Jim Row
Flood Damage
Jim displayed pictures of Mill Creek Greenway and Centennial Park taken during the
Januaryhigh water event.Jim reportedthat Centennial Park had to be closed for a
couple of days, as a result. The pictures showed that in some locations the water was
above the garbage cansalong the greenway trail. In the trail stretch between Wilson
Street and Hermanson Pond, three of the four wooden bridges floated up and out of
place.He is now working on a solution to anchor the wooden bridges in place during
future high water events.Although we experienced a 25-year flood event, Jim was
happy to report there was minimal damage in the parks.
8.FUTURE BOARD BUSINESS
Project Ranking
Grant update
9.BOARD COMMENTS
Joseph Nicoletti– Asked if the Healthy Food Option program included the hot dog
picnics the department held in the summer.
10.ADJOURNMENT
The meeting was adjourned at 7:58pm
___________________________ ________________________________
Joseph Nicoletti, Board Secretary Paulette Zastoupil, Recording Secretary
Date_________________ Date___________________
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Agenda Item
February 27, 2012
TO:Honorable Mayor and City Council through City Administrator
THRU: Scott Russell, Chief of Police
FROM:Jason R. Alexander, Captain
SUBJECT:
Liquor License Full On-Premises Sales Greater Privilege
RECOMMENDATION:
The Woodburn City Council recommends that the OLCC approve a
Greater
application for Woodburn Bowl.
Privilege
BACKGROUND:
Applicant: Robert S May
774 Pinehurst Ave Ne
Keizer, OR 97303
503.851.5289
Business:Woodburn Bowl
435N. Pacific Hwy
Woodburn, OR 97071
503.981.1500
Owners: Same as Applicant (Above)
License Type: -Permits beer, wine, cider, hard alcohol sales
Full On-Premise Sales
for on-premise consumption only.
On February 3, 2012,the Woodburn Police Department received anapplication,
requesting approval for a for Woodburn Bowllocated at 435 N.
Greater Privilege
Pacific Hwy Woodburn, Oregon.This location is currently the Woodburn Bowl
Agenda Item Review:City Administrator ___x___City Attorney __x___Finance ___x__
50
Honorable Mayor and City Council
February 27, 2012
Page 2
and it currently holds a Limited On-Premises Sale through the Oregon Liquor
Control Commission.
The business will be open Monday through Thursday, 10:00am to 10:00pm, Friday
andSaturday10:00am to 11:30pm and on Sunday from 11:00am to 9:00pm.
There will be hot food service while the business is open and alcohol will be
served during this time. The business will have recorded music, video lottery
gamesand coin operated machines. The Police Department has received no
communication from the public or surrounding businesses in support of or
against the new outlet.
DISCUSSION:
The Police Department has completed a background investigation, in
connection with the OLCC,on the applicant and found nothing of a
questionable nature, which would preclude the issuance of this license.
FINANCIAL IMPACT:
None
51
Agenda Item
February 27, 2012
TO:Honorable Mayor and City Council through City Administrator
THRU: Scott Russell, Chief of Police
FROM:Jason R. Alexander, Captain
SUBJECT:
Limited On-Premise Sales – Change of Ownership – Change of
Business Name
RECOMMENDATION:
The Woodburn City Council recommends that the OLCC approve the
Limited
and
On-Premise Sales, Change of OwnershipChangeBusiness Name
applicationfor El Agave Grill Restaurant LLC.
BACKGROUND:
Applicants:Jose Angulo-Guzman
355 Harvard Dr.
Woodburn, OR 97071
503.703.1924
Elizabeth Sonia Garcia
355 Harvard Dr.
Woodburn, OR 97071
503.703.1924
Business:El Agave Grill Restaurant LLC
1615 Mt. Hood Ave.
Woodburn, OR 97071
503-982-3838
Owners: Same as Applicant (Above)
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
52
Honorable Mayor and City Council
February 27,2012
Page 2
License Type:
Limited On-Premise Sales-Change of Ownership-Change of
-Permits beer, wine, and cider, for on-premise consumption only.
Business Name
On January 18, 2012, the Woodburn Police Department received an
application, requesting approval for a
Limited On-Premise Sales-Change of
El Agave Grill Restaurant LLClocated at
Ownership-Change of Business Name
1615 Mt. Hood Ave. Woodburn, Oregon.This location was formally the Cactus
Grill which held aLimited On-Premises Sale through the Oregon Liquor Control
Commission.
The business will be openSunday thru Wednesday from 7:00am to 11:00 and
Thursday thru Saturday 7:00am to11:00pm. There will be hot food service while
the business is open and alcohol will be served during this time. There willnot be
live music, karaoke, video lottery games, or pool tables. The Police Department
has received no communication from the public or surrounding businesses in
support of or against the new outlet.
DISCUSSION:
The Police Department has completed a background investigation, in
connection with the OLCC,on the applicant and found nothing of a
questionable nature, which would preclude the issuance of this license.
FINANCIAL IMPACT:
None
53
Agenda Item
February 27, 2012
TO:Honorable Mayor and City Council through City Administrator
THRU: Scott Russell, Chief of Police
FROM:Jason R. Alexander, Captain
SUBJECT:
2012 OLCC Renewal
RECOMMENDATION:
The Woodburn City Council recommend tothe OLCC renewal of liquor license
for the listed business for the year of 2012.
BACKGROUND:
Annually the police department reviews activities occurring at or in the vicinity
of all licensed liquor establishments in Woodburn. Through the established
guidelines and procedures, the City Council ensures equitable and consistent
treatment of liquor license applications.
The following liquor license applications were reviewed in accordance with
police department standards and are recommended for approval:
Off-Premise Sales:
7-Eleven A&J Market
BI-Mart CorpC and M Market
Crossroads Grocery & DeliDel Sol Market
EZ Stop Grocery & DeliChavitas Follds
Gary’s MarketHarry and David #595
La AztecaNew Am/PM
Pipers JewelrySip Wine and Bistro
Safeway Store #1976Tenly Food Mart
Su Casa ImportsWalgreens
Wal Mart SupercenterWoodburn Market
Woodburn Fast Serve INCWoodburn Grocery Outlet
Woodburn Mega FoodsYoung Street Market
Woodburn Stop N Go
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Honorable Mayor and City Council
February 27, 2012
Page 2
Full On-Premise Sales:
Casa Marquez Mexican GrillChu’s Eatery
Cinco De Mayo TaqueriaDenny’s At Woodburn
Eagles LodgeElks Lodge
Elmer’ RestaurantCollette’s Restaurant LLC
Los Cabos Mexican RestaurantLupita’s
Mango’s LoungeOGA Members Course
Rumor’s Bar and GrillVitality at Wellspring
The End ZoneYun Wah
The Raven Inn
Limited On-Premise Sale:
7 Mares RestaurantAbby’s Pizza Inn of Woodburn
Cactus Grill Taqueria &RestaurantDEDE’s Deli
Mariscos EL SarandeadoLa Fonda Guadalajara
Nuevo ArandasPizza Hut
Shari’s of WoodburnLos Girasoles
Sip Wine and BistroWoodburn Lanes
Pancho’s RestaurantLos Laureles Taqueria
DISCUSSION:
The Police Department has completed a background investigation, in
connection with the OLCC,on the businesses and found nothing of a
questionable nature, which would preclude the renewal of these licenses.
FINANCIAL IMPACT:
None
55
Agenda Item
February 27, 2012
TO:Honorable Mayor and City Council
FROM:Scott Derickson, City Administrator
SUBJECT:
Reduction of the 457 Deferred Compensation Match
RECOMMENDATION:
Adopt the Resolution.
BACKGROUND AND DISCUSSION:
In 2007, the City Council adopted Resolution1863, increasing non-represented
and management deferred compensation-match from 2% to 5% of salary or
wages.Now, as part of the 2012 mid-year budgetary corrective action, it is
being requested that the CityCouncil roll back the City’s match from5% to 2%.
This action will generate approximately $102,000in FY 2012/13 savingsacross all
funds.
Of the overall savings of $102,000 the General Fund will achieve approximately
$71,663 in the next fiscal year. The additional $30,337 will be achieved in other
non-general fund funds. The 3% deferred comp match roll back will impact 37
employees who will see reductions in their overall compensation.
The City Administrator has targeted $953,000 in current year reductions in
anticipation of an estimated $1.8 million FY 20012/13 and FY 20013/14 General
Fund shortfall. Part of the strategy for realigning revenues to expenses is to
ensure that equity exist in the manner and type of cuts, balances critical
programs andservices and yet still maintains a sense of equity in compensation.
The City has met with impacted employees, who are aware of this proposed
action. I am encouragingthe City Council to adopt the attached resolution.
FINANCIAL IMPACT:
This action will generate approximately $102,000 across all funds.Of the overall
savings of $102,000 the General Fund will achieve approximately $71,663 in the
next fiscal year.
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
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COUNCIL BILL NO. 2886
RESOLUTION NO. 2008
A RESOLUTION REDUCING THE 457 DEFERRED COMPENSATION MATCH AMOUNT
FOR MANAGEMENT AND NON-UNION EMPLOYEES
in 2007, pursuant to Resolution 1863, theCity Council authorized
WHEREAS,
the City to match the 457deferred compensation contribution of management
and non-union employeesin an amount not to exceed five percent (5%) of the
Employee’s annual salary (“matchamount”);and
because of severe budget constraints, the City is no longer able
WHEREAS,
to continue the five percent (5%) deferred compensation match amount and
must reduce the match amount to two percent (2%) of the Employee’s annual
salary;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Beginning with the March 2012 pay period the City shall reduce
Section 1.
the existing457deferred compensation match amount fromfive percent (5%)
of annual salary to an amount not to exceed two percent (2%) provided that
the employee contributes an equal or greater percentage. The minimum
employee contribution shall be two percent (2%). The total contribution into an
employee deferred compensation account cannot exceed limitations imposed
under the provisions of the Internal Revenue Code.
Approved as to Form:
City Attorney Date
APPROVED:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shearer, City Recorder
City of Woodburn, Oregon
Page 1 –Council Bill No. 2886
Resolution No. 2008
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Agenda Item
February 27, 2012
TO:Honorable Mayor and City Council
FROM:Scott C. Derickson, City Administrator
N. Robert Shields, City Attorney
SUBJECT:Modification of Employment Agreements
RECOMMENDATION:
Authorize the Mayor, on behalf of the City, to modify the employment
agreements of the City Administrator and City Attorney to reduce their 457
Deferred CompensationCity match amount by three percent (3%).
BACKGROUND AND DISCUSSION:
The City Administrator’s and City Attorney’s employment agreements both
provide that the City will match the employee’s contribution to the457 deferred
compensationprogram.
Severe budget constraintshave resulted in the City Administrator
recommending that the City Council reduce the City’s match amount by three
percent (3%).
The City Administrator and City Attorney have each voluntarily agreed to this
reduction in pay with no additional consideration.
FINANCIAL IMPACT:
This action results in a financial savings to the City of $7,738.
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
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Agenda Item
February27, 2012
TO:Honorable Mayor and City Councilthrough City Administrator
FROM:Jim Row, Community Services Director
SUBJECT:Mill Creek Greenway Culvert Crossing
RECOMMENDATION:
Direct staff to constructa culvert crossing to connectHermanson Street to the
Mill Creek Greenway Trail.
BACKGROUND:
The City Council recently discussedthe feasibility of constructing a small
extension of the Mill Creek Greenway Trail, which would provide a connection
tothe sidewalk alongthe 900 block of Hermanson Street.
During the fallof2011, Community Services explored the possibility of
constructing a bridge over Mill Creek that would connect the new gravel trail
just south of Hermanson Pond to the short asphalt path that connects
Hermanson Street with the greenway. This work would involve making additional
impacts to jurisdictional wetlands, which would require modification of our
existing Department of State Lands (DSL) and U.S. Army Corp of Engineers
permits. Staff has been informed by DSL, that permit modification is feasible,
however wetland impactsassociated with the workwould need to be mitigated
throughthe purchase of additional wetland mitigation credits. The Greenway
Project Engineer estimated the expense of designing and constructing the
bridge to be$20,000-$25,000plus the cost of mitigation credits.
DISCUSSION:
After Council discussion lead to the conclusion that the high cost of designing
and constructing a bridge connecting the Greenway Trail to Hermanson Street
was excessive, Council directed staff to investigate the possibility of constructing
a culvert crossing instead. To effectively contain costs and ensure that the
culvert design met the requirements for anticipated storm water flows, Public
Works Engineers prepared a preliminary design for the culvert crossing in-house.
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Honorable Mayor and City Council
February 27, 2012
Page 2
This solution appears to be more feasible and cost effectivethan the bridge.
Staff has been informed by DSLthat, with the appropriate permit modification,a
culvert crossing would be permissible.
Public Works engineering staffhasestimated design/ construction costs to be
$10,000. With the expense of required wetland mitigation credits, the total
project cost is estimated at $14,000. If approved by Council,staff will complete
the design and plan for construction to take place during the summer of 2012.
FINANCIAL IMPACT:
Funding for theproject is available and will be included in the 2012-2013 Parks
System Development Charges budget.
60
Agenda Item
February 27, 2012
TO:Honorable Mayor and City Council
FROM:Scott C. Derickson, City Administrator
SUBJECT:
Appointment of Administrator Pro Tem
RECOMMENDATION:
It is recommended the City Council appointChristina Shearer as Administrator
Pro Tem for the period March 5 through March 10,2012.
BACKGROUND:
I will be away from the office from March 5 through March 10, 2012. Pursuant to
Section 21(e) of the Woodburn Charter, the City Council shall appoint an
Administrator Pro Tem whenever the Administrator is absent from the City. The
Pro Tem Administrator shall possess the powers and duties of the Administrator,
as limited by the Charter. Christina Shearer has accepted this assignment and
has the skills needed to successfully complete it.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___
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